I have been working as a sales representative for a manufacturing company from June 2015 and have hit a big speed bump. I have been working hard trying to make sales but unfortunately due to my head office taking their sweet time getting manufacturing quotes to me I have missed a lot of deadlines and the clients have not returned to me, making my job extremely difficult to do.
I have been placed on a poor work performance evaluation (I have not received target once this year of working for this company and no warnings or verbal warnings given before evaluation) after which the chairman decided that training would be the best way forward. The training was supposed to be done by 31 July 2016 and my first evaluation was supposed to be done 30 August. Due to this not being done they extended their training dates to 30 August and first evaluation to 30 September of which I need to reach at least 50% of my monthly target.
Currently I am on 42.1% of the sales for the month of September.
The timeline of the occurrence.
06 July 2016 Poor Work Performance Evaluation conducted
11 July 2016 Evaluation feedback received from Chairman 1 week training needs to be provided by 31 July 2016 and evaluation as follows Aug 50%, Sept 70%, Oct 90% of monthly sales target will need to be met.
15 July 2016 I asked what the training procedure will be and I was told he is not sure we will have to wait for GM to come through to Cape Town next week. . My manager said due to him doing things completely different from other sales persons, regarding the sales training he can read up on the internet on different techniques and procedures and pass the information on.
18 July 2016 I followed up with HR and asking what procedure is for training
18 July 2016 I sent through technical training suggestions which I think might help to my direct manager and HR
27 July 2016 I was ambushed in meeting 7:45am when arriving for work. Was told by the GM that I was told to be in the meeting. My manager said he told me. I explained that I was not told about the meeting, just that my manager was referring to him having a meeting with Head office in the morning at 7am. My manager says he apologised to the GM after meeting and said that he might have explained it wrong about the meeting and whom was supposed to attend.
The GM went through figures and looked at the training notes I sent (15 July 2016) and I was told by my GM and the Director that this is all an excuse and they can tell me now the outcome was does not look good and that they have to leave for a meeting and I must use this time to think of what their outcome is.
After lunch I was called into the boardroom and explained that they have spoken about the issue and feel a voluntary termination of contract will be the best option. They will offer me one month payment and we call it quits from all sides. I said that I will need to refer this to my legal advisers.
27 July 2016 5:02pm - the Voluntary termination agreement was emailed to me.
(GM asked administration lady to keep petrol card from me until further notice, this was a new card being issued for fuel usage as of 1 August 2016)
28 July 2016 I sent an email asking to give them feedback by Monday 1 August as my legal team will need to respond to this.
28 July 2016 My manager explained in an email to me that the company will only be able to give me till COB 29/07/2016 to sign the document otherwise the evaluation will have to continue.
01 Aug 2016 - Emailed letter saying that I will not be accepting the voluntary termination of contract as this was seen as a direct way to dismiss me and ignore the findings of the evaluation and requested that they supply me with training.
04 Aug 2016 Petrol card still not received, I emailed to ask when I will be receiving my renewal of the petrol card, the admin lady handed it to me after the email and asked me to sign for receiving.
04 Aug 2016 My manager emailed and asked for calendar to be shared with him
05 Aug 2016 I Shared calendar and asked if my manager will use this to schedule my training No response further from my manager
12 Aug 2016 My manager emailed and asked if I can schedule meetings for next week to use as training as he would shadow me and give me feedback after meetings. (I was in Stellenbosch at this time with a high end client). Arranged meetings as soon as I got back to Cape Town +- 3pm.
16 Aug 2016 Emailed my manager and asked if I can possibly shadow him when he goes to meetings to see what his sales strategies are No response from him regarding this
17 19 Aug was used as training with clients
1. 1st client Manager was not present
2. 2nd Client Manager was not present He went to meeting with one of his clients I was informed about this meeting a few days prior.
3. 3rd Client Manager was present Was told that all information given was correct and the only thing he can see wrong was that I was not focusing on special manufacturing enough
4. 4th Client Client postponed meeting
5. 5th Client Manager was present Feedback was that I need to be a bit more confident when talking to clients. He feels like I confuse myself although I have all the information
25 Aug 2016 Training was given to me by Manager. Answered the questions from my technical training document as requested. Was referred to ISO document a lot and was handed to me after training to remember what I signed for. The ISO documents have only been given to us once and then put into the admin lady office. I requested digital files as reference and was told that there is not real structure in the documents sent and they had to sort through them for days. Unfortunately they cannot send them to me.
25 Aug 2016 Manager asked SHEQ rep to validate the periods of Guarantee and Warranty as he was not sure
25 Aug 2016 Manager confirmed sheet sizes for machines from head of departments. No other specs given on machinery.
31 Aug 2016 Manager said he has not gotten to the documents for the ISO training as of yet and will give it to me 1 September to sign for completion of training
1 Sept 2016 Manager asked me to sign documents as they are done with the training as per ISO. Manager emailed copies to me.
I am afraid that I might end a few percentage short of my 50% target but I might still make it. If the company does decide to let me go due to me not reaching 50% of my monthly target will I have a case against them for unfair dismissal due at the CCMA?